Council ‘kicking the can down the road’ on future of Hawick day care service

The local authority failed to properly consider the needs to its members when it closed Teviot Day Service, based in Hawick’s Katharine Elliot Centre in 2019, a judge ruled in September.

Lady Carmichael said the council did not contemplate the impact the closure would have and ruled the action ‘unlawful’, while ordering it to reconsider its decision.

Council leader Euan Jardine admitted the council had ‘got it wrong’ and a report on what happens next will come before full council next week.

The judgement also has long term implications for the future of other day centres closed in the Borders three years ago – in Eyemouth, Kelso, Jedburgh, Galashiels and Peebles.

But it’s the immediate response to Teviot Day Service which is concerning Sean Elliot, who has campaigned tirelessly for its reopening.

He has accused the council of ‘kicking the can down the road’ on the issue and has called for the service to reopen ASAP.

Sean said: “There’s two different aspects over what is going on here. One is the review of building-based services throughout the Borders, which is happening through the Integrated Joint Board, which will come back to SBC and instruct on what their proposal is with regard to buildings-based services. So that groundwork is being done in the background.

“However, I think what Scottish Borders Council is doing is kicking the can down the road with regard to Teviot Day Service in particular. The court case was around Teviot Day Service and the instruction was ‘your decision was unlawful, nil and void’ and as far as the law is concerned Teviot Day Service is open.

“Now what Scottish Borders Council is appearing to be doing is saying ‘wait and see what the IJB come back with’. Well no, you have to reopen Teviot Day Service ASAP, regardless of what is happening anywhere else in the Borders because that is what the law has instructed you to do. So I don’t think they are getting that.

“The response I got from the acting chief executive David Robertson basically says ‘we’ve made an apology’ and that ‘I believe there’s a report coming’, so that is shifting his responsibility as far as I am concerned because whatever is coming from the IJB is irrelevant because the council has a responsibility to reopen Teviot Day Service, otherwise they will be in contempt of court.

“Chris Myers, the chief officer for the IJB, is doing what he needs to do, so I’m not levelling criticism at him, I’m levelling criticism directly at Scottish Borders Council. We have yet another chief executive who is not getting it.”

No-one from Scottish Borders Council was available for comment.

But in his direct response to Mr Elliot, Mr Roberston wrote: “The council has issued an apology and is taking action to process the implications of the legal judgement.

“My understanding is that a report will be brought to the council in October, by the chief officer of the IJB, setting out the council’s response to this issue.”

The report to be presented to full council next week recommends members to “agree that a new process of consultation on the design and delivery of day services, and a new equalities impact assessment be undertaken”, in addition it calls for a report recommending a way forward for day services be brought before the council by Mr Myers.